High CourtsSingle Bench(1996) 11 SHI CK 0011

Roshan Lal vs State of H.P. and Another

High Court Of Himachal Pradesh · Decided on 15 November 1996 · Citation: (1997) 2 ShimLC 214

HON’BLE JUDGES
M. Srinivasan, C.J
RESULT
Dismissed
CASE NUMBER
Criminal Miscellaneous Petition (M) No. 1143 of 1996

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Judgment

3 paragraphs · 193 words

M. Srinivasan. C.J.

1.

This petition is u/s 482 of the Code of Criminal Procedure to quash F.I.R. No. 23/87 dated 10-9-1987 registered with the Superintendent of Police, Enforcement (South Zone), Chhota Shimla. Learned Counsel for the Respondents has raised a preliminary objection that this petition is not maintainable in view of the judgment of the Supreme Court in Jehan Singh Vs. Delhi Administration, . In that case, the Supreme Court has held that where at the date for filing the petition u/s 561A of the Code of Criminal Procedure of 1898 corresponding to Section 482 of the present Code, no charge-sheet or a complaint had been laid down in the Court and the matter was only at the stage of investigation by the Police, the Court cannot, in exercise of its inherent jurisdiction u/s 561A interfere with the statutory powers of the police to investigate into the alleged offence and quash the proceeding.

2.

In view of the same, this petition is dismissed, but it is made clear that if a challan is filed against the Petitioner, it is open to him to take appropriate remedies against the same, if so advised.